Bill S: What documents are required to bring the child of my fiancee to the USA on a K1 visa?
Just wondering what is needed by her ex-husband to allow the child into the US with her mother. My fiancee has an annulment from the Philippines and some attorney told her I must adopt the child, which can’t be true.
Answers and Views:
Answer by Phoenix
The only way your fiancee can take her child along with her are the following:
-You will have to marry your fiancee before the expiration of her fiancee visa.
-Then you both have to go to the U.S. Immigration office to obtain information’s and documents on how to petition and adopt the child of your fiancee.
-Certainly she couldn’t bring her child with her unless she becomes legally married with an American citizen.
She cannot remove the child from the Philippines without a court order of sole custody and permission of the court, or permission of the child’s father. Without that, plus birth certificate, of course, she cannot bring her child into the US, either. After you marry and file for a spousal visa, when it’s approved, she can petition for admission of her child.
How did she get an annulment when she has a child? Or was it not her husband’s? This is strange and could give rise to questions with immigration. And you do not have to adopt her child, but she has to be legally resident to get an immigration-class visa for her child. Where is the child going to stay until she can bring in the child? Will there be any questions raised about child abandonment as a result of whatever she is doing with the child?
There are grounds here to be very suspicious of what is going on with this woman. How long and how well have you known her? How long did you live in the Philippines, and did you meet and get to know her there? You are going to have answer these questions for immigration in order to get her a visa. But from the limited info here, it looks like a real can of worms.
Answer by confuseyes, you should adopt the child first since the child will be petitioned as k2 child of k1. just be hopeful that her ex hubby allows it.
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